1: Introduction
2: Policy Arguments
3: Choice-of-Law Principles
4: The Creation of a Law Market
5: Arbitration and The Law Market
6: The Corporate Law Market
7: Consumer Contracts
8: Marriage and Other Social Issues
9: Property
10: A Federal Choice-of-Law Statute
11: Summary and Implications
Notes
Erin A. O'Hara is Professor of Law, and Director of the Law & Human
Behavior Program at Vanderbilt University. She is the author of The
Economics of Conflict of Laws.
Larry E. Ribstein is Mildred Van Voorhis Jones Chair in Law, and
co-Director of the Program on Business Law & Policy at the
University of Illinois. He is the co-author of Business
Associations and The Economics of Federalism.
"The Law Market promises to add some much-needed clarity and common
sense to a 'largely ignored field of law.'"--Harvard Law Review
"One of the most important metrics for evaluating the success of an
academic work is the degree to which it sparks further
questions...Evaluated along this dimension, The Law Market must be
deemed a smashing success."--Engage: The Journal of the Federalist
Society's Practice Groups
"O'Hara and Ribstein's book is a breakthrough in legal scholarship.
Recognizing that the unprecedented mobility of today's society
gives economic actors substantial choice over the law that will
govern their affairs, the authors analyze law as a product that is
produced by states and marketed to consumers. The authors thereby
identify a fundamental feature of contemporary business law that
has until now been overlooked or only imperfectly understood. The
book
is chock-full of original insights into the operation of this
'market for law', and offers a valuable analysis of the pros and
cons of this development from the standpoint of public policy."
--Geoffrey
P. Miller, New York University Law School
"O'Hara and Ribstein are the first to expose how the ability of
private persons to choose the law that shall govern them - in
business and in their personal lives - is transforming our legal
system. Drawing on public policy and economics in an approachable,
commonsense way, they sketch the implications of the law market for
our world today, and show how its emergence calls for a careful
balance between individual freedom and regulation to advance the
public
good. This book is a must-read, not only for lawyers with
real-world clients but also for every corporate general counsel and
legislative staff member grappling with our globalized law
market."
--Richard A. Nagareda, Vanderbilt University Law School
"This is a pathbreaking book - theoretically sophisticated and
carefully applied. O'Hara and Ribstein's concept of the 'law
market' captures an essential truth about the conflicts revolution,
and their thesis carries profound implications for wide swaths of
the law, ranging from international investment disputes to same-sex
marriage." --Peter B. Rutledge, University of Georgia Law
School
"The Law Marker significantly enriches the discussion about
jurisdictional competition and enhances our understanding of the
underlying forces."--American Journal of Comparative Law
"The Law Market is an important addition to the existing literature
on jurisdictional competition and conflict of laws."--Giesela Ruhl
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